Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Summary
This This office action for US Patent application 18/795666 is responsive to communications filed on April 28th, 2026. Currently, claims 1-36 are pending are presented for examination while claims 1-16 were canceled.
Claim Objections
Claims 1-16 were mentioned as canceled but not indicated in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 17-36 provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 17-36 of copending Application No 18/109250.
This is a provisional obviousness-type double patenting rejection because the conflicting claims have in fact been not patented. Below is a list of limitations that perform the same function.
Conflicting Co-pending Application 18/109250
Instant Application-18/795666
17. A visual tracking system for identifying and tracking a plurality of persons as the plurality of persons maneuvers within a retail location, comprising: a plurality of cameras configured to capture a plurality of images of a corresponding observed area to detect the plurality of persons as each person maneuvers within each corresponding observed area, wherein each image captured of each person maneuvering within the corresponding observed area is a corresponding detection of the person that is thereby associated to track the person as the corresponding camera captures each subsequent image of the person as the person maneuvers within the corresponding observed area of the retail location; a person featurizer configured to extract featurization data of each person maneuvering within the corresponding observed area from each detection of each person as captured by each corresponding camera based on the pixel values of each image associated with each corresponding detection of each person to generate a person feature vector for each detection of each person as captured by each corresponding camera, wherein each person feature vector for each detection of each person includes vector values that represent visual features associated with each person as captured by each corresponding camera as each person maneuvers within the retail location; a tracking module configured to:determine whether each detection generated from each image captured by each corresponding camera as each person maneuvers within each corresponding observed area is an incumbent track, wherein the incumbent track is a detection that is associated with a previous detection that includes a previous person feature vector as generated by the person featurizer thereby indicating that each person is captured in the incumbent track is previously identified by the person featurizer as each person maneuvers within the retail location, and track each person as each person maneuvers within each corresponding observed area based on each determined incumbent track, wherein each subsequent incumbent track identifies a subsequent movement of each person previously identified by the person featurizer as each person maneuvers within each corresponding observed area of the retail location; anda recommendation module configured to generate a recommended action for each person as each person maneuvers within each corresponding observed area based on the tracking of each person and the person feature vector of each person, wherein the recommended action provides assistance to each person as each person maneuvers within the retail location.
Claims 18-36
17.A visual tracking system for identifying and tracking a plurality of persons as the plurality of persons maneuvers within a retail location, comprising: a plurality of cameras configured to capture a plurality of images of a corresponding observed area to detect the plurality of persons as each person maneuvers within each corresponding observed area, wherein each image captured of each person maneuvering within the corresponding observed area is a corresponding detection of the person that is thereby associated to track the person as the corresponding camera captures each subsequent image of the person as the person maneuvers within the corresponding observed area of the retail location;a person featurizer configured to extract featurization data of each person maneuvering within the corresponding observed area from each detection of each person as captured by each corresponding camera based on the pixel values of each image associated with each corresponding detection of each person to generate a person feature vector for each detection of each person as captured by each corresponding camera; anda tracking module configured to:track each person as each person maneuvers within each corresponding observed area based on a subsequent movement of each person previously identified by the person featurizer as each person maneuvers within each corresponding observed area of the retail location; anda recommendation module configured to generate a recommended action for each person as each person maneuvers within each corresponding observed area based on the tracking of each person and the person feature vector of each person, wherein the recommended action provides assistance to each person as each person maneuvers within the retail location.
Claims 18-36
Claims 17-36 provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 17-36 respectively of copending Application 18/109250.
New Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications form the examiner should be directed to Nam Pham, whose can be contacted by phone at (571)270-7352. The examiner can normally be reached on Mon—Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, CZEKAJ DAVID, can be reached on (571)272-7327.
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/NAM D PHAM/ Primary Examiner, Art Unit 2487
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